After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
Workplace accidents pose an ongoing danger to employees, no matter whether they work at a construction site, an office, or a warehouse, and can significantly damage their financial stability. Understanding how workers’ comp is calculated in Nevada is crucial for estimating the payments you will receive during recovery. Nevada law mandates a specific formula to determine the benefit amount, which is based on both your average weekly wages and the extent of your disability.
The experienced legal professionals at Kidwell & Gallagher Injury Lawyers are dedicated to helping injured workers navigate these complex calculations and work tirelessly to pursue the fairest compensation allowed under Nevada workers’ compensation statutes.
Nevada bases workers’ compensation payments on a percentage of your average monthly wages. This percentage applies across all disability benefit types, creating consistency in payment calculations. Understanding how workers’ comp is calculated through this wage formula helps you estimate your monthly benefits during recovery.
Here’s how the state calculates your average monthly wages:
The state doesn’t just look at your last paycheck or even your last month of work. Instead, Nevada reviews a full year of earnings to capture your true income picture, including busy seasons and slower periods.
Nevada establishes maximum benefit caps based on statewide wage data. For the current fiscal year, the weekly average wage certified by the Nevada Department of Employment, Training, and Rehabilitation, Employment Security Division, stands at $1,300.33 per week.
Nevada Revised Statutes (NRS) 616A.065 requires the average monthly wage to be capped at 150 percent of the state’s Average Weekly Wage, multiplied by 4.33.
According to the provided information, the maximum average monthly wage can be explained with the following equation:
$1,300.33 X 150% X 4.33 = $8,445.64
In Nevada, the maximum workers’ disability compensation is calculated as 66-2/3 percent of the worker’s Average Monthly Wage. If the worker’s earned wage at the time of injury was below $8,445.64 per month, the compensation is 66-2/3 percent of the actual wage earned.
The Nevada Department of Employment, Training, and Rehabilitation updates these figures annually, so maximum benefits change each fiscal year.
Nevada determines your monthly workers’ compensation by calculating the average weekly wage from all earnings in the year before your injury. According to Nevada Laws, Nevada Revised Statutes 616A.065 means “The wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee.” This comprehensive approach includes:
Knowing how workers’ compensation is calculated based on your complete earnings history ensures you receive accurate benefit amounts. Part-time workers receive calculations based on actual hours and wages earned, while seasonal workers get adjustments for irregular work patterns. Workers with multiple jobs can combine wages if each contributed to the injury.
Temporary Total Disability (TTD) benefits compensate injured workers unable to perform any duties during recovery. An injured worker is entitled to receive the average monthly wages until a doctor releases the worker for modified or full duty, as governed by NRS 616C.475.
“For temporary total disability due to an accident arising out of and in the course of employment, an injured employee (or their dependents) is entitled to receive 66 2/3 percent of the employee’s average monthly wage. This benefit applies to every employee working for an employer.”
Permanent Partial Disability (PPD) awards compensate for lasting impairments. PPD calculations consider three main factors:
Younger workers receive higher awards due to a greater impact on future earning capacity. The payment can take the form of a single lump sum or a structured settlement.
Workers cannot receive both TTD and PPD simultaneously. TTD stops when a permanent impairment rating gets assigned, or you return to work, at which point PPD benefits begin.
Insurance carriers sometimes undervalue claims by miscalculating wages or disputing disability ratings. Our Nevada workers’ compensation attorneys at Kidwell & Gallagher Injury Lawyers review benefit calculations to identify errors and fight for proper compensation. Call (775) 323-2667 today for a free consultation about your workers’ compensation claim.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.